L.D. v N.D. (Approved)

EX TEMPORE JUDGMENT of Mr. Justice Jordan delivered on the 27th day February, 2020

1.������ An objection has arisen at the outset of this appeal concerning the calling of evidence arising from the report prepared by Dr. L. The Court has considered the submissions of both sides. They raise an interesting question concerning the difference, if one exists, between the procedure in respect of appeals from the Circuit Court to the High Court as opposed to appeals from the High Court to the Court of Appeal and to the Supreme Court.�

3.������ There was further correspondence, which was professional and co-operative, between the solicitors on both sides in relation to the issue which had arisen and ultimately the solicitors for the appellant wrote to Dillon Solicitors on the 25th of October� 2018, referring to a draft letter which had been prepared for another expert whom it was proposed to bring in,� Mr.� F. In the second paragraph of that letter, Keith Walsh Solicitors stated:-

��������� �Having discussed this matter with counsel we believe it would be essential that a motion is issued by you grounded on a short affidavit setting out that for reasons outside the control of both parties it has been agreed that Dr. L is no longer to continue in her appointment and that Dr. [sic.]� F will replace her�.

4.������ Subsequently, there was some correspondence to achieve that desired end and Keith Walsh Solicitors wrote on the 2nd November by email to Dillon Solicitors, referring in the final sentence to �the one outstanding matter is that we should agree a formula of words to deal with Dr. L�s exit from the scene�.